S.T.O.R.A.G.E. Act

I 117TH CONGRESS 1ST SESSION H. R. 2823 To provide for the consideration of energy storage systems by electric utilities as part of a supply side resource process, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 22, 2021 Mr. TAKANO introduced the following bill; which was referred to the Com- mittee on Energy and Commerce, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the consideration of energy storage systems by electric utilities as part of a supply side resource process, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Storage Technology 4 for Operational Readiness And Generating Energy Act’’ 5 or the ‘‘S.T.O.R.A.G.E. Act’’. 6 VerDate Sep 11 2014 22:34 Jun 07, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2823.IH H2823 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 2823 IH SEC. 2. CONSIDERATION OF ENERGY STORAGE SYSTEMS. 1 (a) IN GENERAL.—Section 111(d) of the Public Util- 2 ity Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 3 is amended by adding at the end the following: 4 ‘‘(20) CONSIDERATION OF ENERGY STORAGE 5 SYSTEMS.—Each State shall consider requiring that, 6 as part of a supply side resource planning process, 7 an electric utility of the State demonstrate to the 8 State that the electric utility considered an invest- 9 ment in energy storage systems based on appro- 10 priate factors, including— 11 ‘‘(A) total costs and normalized life cycle 12 costs; 13 ‘‘(B) cost effectiveness; 14 ‘‘(C) improved reliability; 15 ‘‘(D) security; and 16 ‘‘(E) system performance and efficiency.’’. 17 (b) TIME LIMITATIONS.—Section 112(b) of the Pub- 18 lic Utility Regulatory Policies Act of 1978 (16 U.S.C. 19 2622(b)) is amended by adding at the end the following: 20 ‘‘(7)(A) Not later than 1 year after the date of 21 enactment of this paragraph, each State regulatory 22 authority (with respect to each electric utility for 23 which the State regulatory authority has ratemaking 24 authority) and each nonregulated electric utility 25 shall commence the consideration referred to in sec- 26 VerDate Sep 11 2014 22:34 Jun 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2823.IH H2823 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 2823 IH tion 111, or set a hearing date for consideration, 1 with respect to the standard established by para- 2 graph (20) of section 111(d). 3 ‘‘(B) Not later than 2 years after the date of 4 enactment of this paragraph, each State regulatory 5 authority (with respect to each electric utility for 6 which the State regulatory authority has ratemaking 7 authority), and each nonregulated electric utility, 8 shall complete the consideration, and shall make the 9 determination, referred to in section 111 with re- 10 spect to the standard established by paragraph (20) 11 of section 111(d).’’. 12 (c) FAILURE TO COMPLY.—Section 112(c) of the 13 Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 14 2622(c)) is amended— 15 (1) by striking ‘‘subsection (b)(2)’’ and insert- 16 ing ‘‘subsection (b)’’; and 17 (2) by adding at the end the following: ‘‘In the 18 case of the standard established by paragraph (20) 19 of section 111(d), the reference contained in this 20 subsection to the date of enactment of this Act shall 21 be deemed to be a reference to the date of enact- 22 ment of that paragraph.’’. 23 VerDate Sep 11 2014 22:34 Jun 07, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2823.IH H2823 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 2823 IH (d) PRIOR STATE ACTIONS.—Section 112 of the Pub- 1 lic Utility Regulatory Policies Act of 1978 (16 U.S.C. 2 2622) is amended by adding at the end the following: 3 ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 4 (c) of this section shall not apply to the standard estab- 5 lished by paragraph (20) of section 111(d) in the case of 6 any electric utility in a State if, before the enactment of 7 this subsection— 8 ‘‘(1) the State has implemented for such utility 9 the standard concerned (or a comparable standard); 10 ‘‘(2) the State regulatory authority for such 11 State or relevant nonregulated electric utility has 12 conducted a proceeding to consider implementation 13 of the standard concerned (or a comparable stand- 14 ard) for such utility; or 15 ‘‘(3) the State legislature has voted on the im- 16 plementation of such standard (or a comparable 17 standard) for such utility.’’. 18 (e) PRIOR AND PENDING PROCEEDINGS.—Section 19 124 of the Public Utility Regulatory Policies Act of 1978 20 (16 U.S.C. 2634) is amended by adding at the end the 21 following: ‘‘In the case of the standard established by 22 paragraph (20) of section 111(d), the reference contained 23 in this section to the date of the enactment of this Act 24 VerDate Sep 11 2014 22:34 Jun 07, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2823.IH H2823 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 2823 IH shall be deemed to be a reference to the date of enactment 1 of such paragraph (20).’’. 2 SEC. 3. COORDINATION OF PROGRAMS. 3 To the maximum extent practicable, the Secretary of 4 Energy shall ensure that the funding and administration 5 of the different offices within the Grid Modernization Ini- 6 tiative of the Department of Energy and other programs 7 conducting energy storage research are coordinated and 8 streamlined. 9 Æ VerDate Sep 11 2014 22:34 Jun 07, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2823.IH H2823 pamtmann on DSKBC07HB2PROD with BILLS